The power of Big Tech companies and the rise of artificial intelligence were the primary topics at the Senate confirmation hearing for nominees for the Federal Trade Commission.

Virginia Solicitor General Andrew Ferguson and Utah Solicitor General Melissa Holyoak appeared before the Senate Committee on Commerce, Science, and Transportation on Wednesday for questioning on their nominations to be the Republican commissioners at the FTC. The pair were joined by Rebecca Slaughter, one of the three Democratic commissioners at the agency, for her renomination. The hearing touched on many topics, but its focus lingered on handling AI and Big Tech.

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When Sen. John Thune (R-SD) asked about the commission's role involving AI, Slaughter said the agency's job was to pursue cases in which laws against unfair and deceptive acts were broken, regardless of whether the technology is concerned. "There may be things [involving AI] that Congress thinks are problematic that go beyond what the FTC Act covers, and that is up to you," Slaughter said. Ferguson and Holyoak concurred, with Holyoak saying the technology could be used to turbocharge fraudulent communications.

Thune also asked if Section 230, a law that protects online platforms from being held culpable for any content posted by third parties on their sites, needed reforms. All three nominees said "yes," with Ferguson noting how often a "broad interpretation" of Section 230 was adopted and how often that law barred states from fully investigating or penalizing Big Tech companies.

Holyoak and Ferguson emphasized their work litigating against Big Tech monopolies in their opening statements. Ferguson discussed his role in the 2023 lawsuit against Google over allegations of a monopoly involving advertising technology. Holyoak pointed to her work challenging Google's exclusionary conduct in the Android App Store.

When Sen. Amy Klobuchar (D-MN) asked about his work on a January 2023 case, Ferguson noted he believed Big Tech was the "defining competition question" of the modern day.

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By the end of the hearing, the Republican nominees appeared to be in agreement with Slaughter on how to run the FTC and expressed a desire to collaborate toward more bipartisan rulings in the agency.

If appointed, the pair will join an agency that previous Republican commissioners struggled to operate in. Republican Commissioner Noah Phillips resigned in the fall of 2022 to care for his family but noted his disagreements with FTC Chairwoman Lina Khan. Fellow Commissioner Christine Wilson resigned in February due to Khan's antitrust policy.